Delray Couple Questioning Burial Plans

The accusations of misburials and grave desecration at Menorah Gardens cemeteries left Ailene and Jerry Haber wondering whether they still wanted to be buried in one.

More than a decade ago the Delray Beach couple invested $5,000 for two plots, and now they wonder whether they could get back their money and be buried somewhere else.

"It's absolutely appalling to think people have been doing what they're doing," Ailene Haber said. "How do I know what's going to happen" when it comes time to be buried?

The questions the Habers ask are common among the thousands of people with contracts to be buried at the Menorah Gardens cemeteries in western Broward and western Palm Beach counties that are the target of a lawsuit and at least two formal investigations.

The two cemeteries are owned by the world's largest death service business, Houston-based Service Corporation International. The lawsuit was filed on behalf of 10 families by two South Florida law firms on Dec. 19. The lawsuit alleges widespread mishandling of bodies, overselling of plots and the misalignment of graves -- forcing the destruction or removal of burials to make room for new ones.

Florida's attorney general and comptroller have launched investigations. The company has been cooperating with the investigations.

For those who just signed contracts for burial, Florida law is clear. If the contract was signed in the past 30 days, consumers can get out of the contract and get all their money back, said Ron Brenner, a regional director for the Florida Comptroller's Office.

Past 30 days, the circumstances change depending on the contract. A variety of penalty clauses can make it a more costly exercise.

Another option to consumers who want out of a funeral contract that they're paying would be to default on future payments. But that would cost them all the money they had invested and leave them with nothing.

SCI has agreed to review any requests for refunds of purchased plots, said spokesman Don Mathis.

The cemeteries have received more than 2,000 calls from families, he said, most of them satisfied after the initial contact. About two dozen have made written requests for refunds, Mathis said.

Those who are trying to get out of contracts have other issues, such as finding another burial site and dealing with an increase in the price of a funeral since they first made arrangements.

"It's tough when you pull out of something that you've committed to," Mathis said.

The Habers, who are contemplating asking for a refund, want to do more homework before deciding.

Mitch Lipka can be reached at mlipka@sun-sentinel.com or 561-243-6653.